DENMAN, Circuit Judge.
This is an appeal from a judgment awarding damages to appellees in a judgetried proceeding under the Tucker Act, 28 U.S.C.A. § 41(20), upon a contract implied in fact for the carriage of sand and gravel by the appellant over a road owned by the appellees. The amount of gravel and sand carried is agreed to be 66,643 yards. It was carried between October 1, 1942, and August 19, 1944.
Appellant contends that in a prior judgment in...
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